Protection of Weaker Party in Labour Law
The protective function of the labour law is its dominant function. The protective function of the labour law must also be respected by the Slovak legislator by every legislative change of the labour law also in the future. Not only the Constitution of the Slovak Republic, as it follows from the Art...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | ces |
| Published: |
Trnava University, Faculty of Law
2019-03-01
|
| Series: | Societas et Iurisprudentia |
| Subjects: | |
| Online Access: | http://sei.iuridica.truni.sk/archive/2019/01/SEI-2019-01-Studies-Barancova-Helena.pdf |
| _version_ | 1797678801549787136 |
|---|---|
| author | Helena Barancová |
| author_facet | Helena Barancová |
| author_sort | Helena Barancová |
| collection | DOAJ |
| description | The protective function of the labour law is its dominant function. The protective function of the labour law must also be respected by the Slovak legislator by every legislative change of the labour law also in the future. Not only the Constitution of the Slovak Republic, as it follows from the Article 36, but also the international labour law, the law of the Council of Europe as well as the labour law of the European Union bind him to this. The Civil Procedure Code which deals with the settlement of the labour disputes before the court considers these disputes to be disputes with the protection of the weaker party, for which specific procedural rules apply, more favourable to the employee as the party to the dispute. In the paper, the author analyses the extent to which the protection of the weaker party is respected by the Slovak legislator in the existing substantive regulation of the labour law relations. The author’s analysis focuses on a number of labour law institutes, in particular on the area of pre-contractual relations, on the issues of current working time regulation, on the issue of termination of employment by the employer and on other areas. In particular, according to the author, the area of the labour law regulation of working time has more serious reserves in protecting an employee as a weaker party. |
| first_indexed | 2024-03-11T23:05:12Z |
| format | Article |
| id | doaj.art-22f51e7fdee54510adf8ac025b50a9ae |
| institution | Directory Open Access Journal |
| issn | 1339-5467 |
| language | ces |
| last_indexed | 2024-03-11T23:05:12Z |
| publishDate | 2019-03-01 |
| publisher | Trnava University, Faculty of Law |
| record_format | Article |
| series | Societas et Iurisprudentia |
| spelling | doaj.art-22f51e7fdee54510adf8ac025b50a9ae2023-09-21T13:09:42ZcesTrnava University, Faculty of LawSocietas et Iurisprudentia1339-54672019-03-01711946Protection of Weaker Party in Labour LawHelena Barancová0Trnava University in Trnava, Trnava, Slovak RepublicThe protective function of the labour law is its dominant function. The protective function of the labour law must also be respected by the Slovak legislator by every legislative change of the labour law also in the future. Not only the Constitution of the Slovak Republic, as it follows from the Article 36, but also the international labour law, the law of the Council of Europe as well as the labour law of the European Union bind him to this. The Civil Procedure Code which deals with the settlement of the labour disputes before the court considers these disputes to be disputes with the protection of the weaker party, for which specific procedural rules apply, more favourable to the employee as the party to the dispute. In the paper, the author analyses the extent to which the protection of the weaker party is respected by the Slovak legislator in the existing substantive regulation of the labour law relations. The author’s analysis focuses on a number of labour law institutes, in particular on the area of pre-contractual relations, on the issues of current working time regulation, on the issue of termination of employment by the employer and on other areas. In particular, according to the author, the area of the labour law regulation of working time has more serious reserves in protecting an employee as a weaker party.http://sei.iuridica.truni.sk/archive/2019/01/SEI-2019-01-Studies-Barancova-Helena.pdflabour lawprotection of weaker partylabour law relationsemployeeemployerpre-contractual relationsworking timevacationtermination of employment by employerthe european unionthe slovak republic |
| spellingShingle | Helena Barancová Protection of Weaker Party in Labour Law Societas et Iurisprudentia labour law protection of weaker party labour law relations employee employer pre-contractual relations working time vacation termination of employment by employer the european union the slovak republic |
| title | Protection of Weaker Party in Labour Law |
| title_full | Protection of Weaker Party in Labour Law |
| title_fullStr | Protection of Weaker Party in Labour Law |
| title_full_unstemmed | Protection of Weaker Party in Labour Law |
| title_short | Protection of Weaker Party in Labour Law |
| title_sort | protection of weaker party in labour law |
| topic | labour law protection of weaker party labour law relations employee employer pre-contractual relations working time vacation termination of employment by employer the european union the slovak republic |
| url | http://sei.iuridica.truni.sk/archive/2019/01/SEI-2019-01-Studies-Barancova-Helena.pdf |
| work_keys_str_mv | AT helenabarancova protectionofweakerpartyinlabourlaw |